#United States #Puerto Rico #San Juan #Milberg #EtO Emissions

Major Legal Breakthrough for Puerto Rico

In a landmark move towards environmental justice, a federal Magistrate Judge in Puerto Rico has suggested that crucial claims within a class action lawsuit proceed. This case, known as Pérez-Maceira et al. v. Customed, Inc., et al., addresses grave concerns relating to exposure to ethylene oxide (EtO), a toxic substance predominantly used in sterilizing medical equipment.

Background of the Case

The lawsuit involves serious allegations against three significant sterilization facilities—Customed, Medtronic, and Steri-Tech—accusing them of emitting harmful levels of EtO, endangering countless residents, schoolchildren, and workers throughout adjacent communities. The implications of these emissions, particularly concerning increased cancer risks, have seen the attention of many, highlighting significant public health concern.

Magistrate Judge Camille Vélez-Rivé's report indicated that the plaintiffs presented sufficient evidence to substantiate accusations of negligence and public nuisance. Furthermore, the report introduces a potentially groundbreaking proposal for a court-supervised medical monitoring program, a remedy not often seen in cases of toxic exposure.

Marc Grossman, a founding partner at Milberg Coleman Bryson Phillips Grossman, PLLC, expressed optimism about this recommendation, stating, "This recommendation is a breakthrough moment for our clients and communities across Puerto Rico. The Court has acknowledged that people exposed to dangerous industrial chemicals may be entitled not just to damages—but to ongoing healthcare and monitoring.”

EPA's Findings on EtO Toxicity

The context behind the lawsuit aligns with escalating concerns regarding EtO emissions on a national scale. The U.S. Environmental Protection Agency (EPA) revealed alarming findings, noting that EtO poses 60 times the toxicity risk to children and 30 times to adults than previously acknowledged. This information is particularly disturbing when one considers the lack of prior community warning before these companies continued their operations unabated.

In 2022, the EPA identifies several sterilizer facilities in Puerto Rico, including those mentioned in the lawsuit, as “red flag” sites, indicating they exhibit cancer risks that far exceed federal guidelines. Notably, data highlights heightened incidences of breast cancer, respiratory issues, and other severe health conditions in communities neighboring these facilities, such as Salinas, Villalba, Añasco, and Fajardo.

Accountability and Responsibilities

With compelling evidence suggesting that these corporations exploited the vulnerabilities of Puerto Rican communities for profit, attorney Grossman made a poignant statement: “These companies chose Puerto Rico as their dumping ground. They targeted vulnerable communities for chemical risk, and they did so with full knowledge of EtO’s toxic legacy.”

Legal Proceedings and Future Steps

Although this recommendation from Magistrate Judge Vélez-Rivé is a step forward, it is important to note that it is not the final ruling. The case now awaits the evaluation of the presiding U.S. District Judge, who will decide whether to embrace, amend, or dismiss the magistrate’s suggestions. No further discovery actions will take place until the District Judge provides an order on this matter.

Additionally, despite certain recommendations leading to the dismissal of claims against specific corporations, the plaintiffs are challenging these decisions in hopes of reversing them.

If the recommendations are upheld, the plaintiffs will progress with the discovery phase and pursue class certification to initiate a medical monitoring program aimed at providing diagnostic testing and preventative healthcare for those injured by EtO exposure.

“This is an essential first step, not the finish line,” Grossman reiterated. “The people of Puerto Rico deserve accountability, medical support, and the right to live without fear of toxic air. We will continue fighting for all of that and more.”

Conclusion

As this legal battle unfolds, it remains a crucial indicator of how environmental justice is being sought in Puerto Rico and beyond. With ongoing efforts led by Milberg Coleman Bryson Phillips Grossman, PLLC, the push for accountability and safety in public health environments regarding industrial emissions continues. This ruling not only raises awareness but also reinforces the need for rigorous regulations on harmful emissions, potentially paving the way for future legislative changes aimed at protecting vulnerable populations from toxic exposures.